McAdoo v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a civil action, tried at the February Term, 1889, of the Superior Court of Guilpobd County, before Bynum, J. The second paragraph of the complaint was as follows: “That on the said 17th day of February, 1886, the plaintiff, coming from his usual place of business was walking upon track of the defendant’s North Carolina Division, as he has been in the habit of doing for several years without objection from the defendant, within the corporate limits of the city of…
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This was a civil action, tried at the February Term, 1889, of the Superior Court of Guilpobd County, before Bynum, J. The second paragraph of the complaint was as follows: “That on the said 17th day of February, 1886, the plaintiff, coming from his usual place of business was walking upon track of the defendant’s North Carolina Division, as he has been in the habit of doing for several years without objection from the defendant, within the corporate limits of the city of Greensboro, where, owing to the gross negligence of the defendant’s servant, he was struck from behind by a locomotive…
1Opinion of the CourtAvery, J.
after stating the facts: The first assignment of error rests upon the refusal of the Court below to render judgment in favor of the plaintiff upon the verdict. The plaintiff declared in his complaint that he was walking upon the track of the defendant company in returning from his place of business, “ as he had been in the habit of doing for several years, without objection from the defendant, within the corporate limits of the town of Greensboro, when, owing to gross negligence of the defendant’s servants, he was struck from behind by a locomotive engine, belonging to the defendant, &c., and…
2Cases cited20 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
13 more not listed; retrieve them via the Exa API.